The following terms apply to your data plan or feature (Data Plan). To the extent any term in your Data Plan expressly conflicts with the general Terms and Conditions, which also apply to your service, the term in your Data Plan will govern. Please read your Data Plan carefully.

1. Permissible and Prohibited Uses

Your Data Plan is intended for Web browsing, messaging, and similar activities on your device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, tethering your device to a personal computer or other hardware, are not permitted.

Examples of prohibited uses include but are not limited to: (a) server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, bots or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (b) as a substitute or backup for private lines or dedicated data connections; (c) any activity that adversely affects the ability of other users or systems to use either T-Mobiles services or the network-based resources of others, including the generation or dissemination of viruses, malware or denial of service attacks; (d) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, T-Mobiles or another entitys network or systems; or (e) running software or other devices that maintain continuously active Internet connections when a computers connection would otherwise be idle, or keep alive functions. For example, you cannot use a Data Plan for Web broadcasting, or for the operation of servers, telemetry devices and/or supervisory control and data acquisition devices.

2. Protective Measures

To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth; if your total usage exceeds 5GB (amount is subject to change; please periodically check T-Mobile.com for updates) during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. We may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that interferes with other customers service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.

3. Downloadable Content and Applications

You can purchase Content and Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (Content & Apps) for and with your compatible device. Some Apps that you can purchase with your device are not sold by T-Mobile; for these Apps, you can identify the third party seller at the point of purchase. For these third party purchases, although the charges will appear on your T-Mobile bill, T-Mobile is not responsible for the App, including download, installation, use, transmission failure, interruption or delay, alterations any App may make to the functionality of your device, including any changes that may affect your T-Mobile plan, service or billing, or any content or website you may be able to access through the App. Any support questions for these Apps should be directed to the third party seller identified at the point of purchase. When you use, download or install an App sold by a third party seller, you may be subject to license terms between you and the third party seller and App developer. When you use, download, or install Content or Apps that you purchase from T-Mobile, the Content or App is licensed to you by T-Mobile and may be subject to additional license terms between you and the creator/owner of the Content or App. Whether purchased from T-Mobile or a third party seller, any Content or App you purchase is licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any Content or App, or alter, disable or circumvent any digital rights management security features embedded in the Content or App.

T-Mobile is not responsible for any third party content or website you may be able to access using your device. You may encounter advertisements from other entities ("Third Party Ads") while you are using web2go, browsing the Internet, or using an application on your device. T-Mobile is not responsible for any Third Party Ads, or for any website or content that you may access by clicking on or following a link contained in a Third Party Ad.

T-Mobile may retain, use, and share information collected when you download, use, or install some Content or Apps, may update your Content or App remotely, or may disable or remove any Content or App at any time. Refer to T-Mobiles Privacy Policy as well as the Content or App creator/owners privacy policy for information regarding the use of information collected when you download, install, or use any Content or App. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content or App.